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Time Barred Debt

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I received two letters from sheriff department.It was strange because one came as regular mail and one came certified that needed a signature.They were from the same third party creditor agency. The letter states that they are planning to garnish my wages.I have never done business with the Midland Funding Llc. They sent a letter with sheriff department back in 2014.Nothing came out of it, I responded to sheriff,to see it was about the same creditor. They never prove that this was mine and Im asking what can I do. The statue of limitation has run out for the creditor to collect.This New York State statue of limitation is 6 to 10 years.How can I stop this from happening.Please advice.
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adjusterjack

Senior Member
Probably a bottom feeder that bought up debts for pennies on the dollar and, like the Spanish Inquisition, relies on surprise and fear to get people to pay uncollectible debts.

You can send a cease and desist letter to the collection agency in accordance with the FDCPA section 805(c).

Fair Debt Collection Practices Act | Federal Trade Commission

However, I suggest you do a deep dive into court records to make sure you don't have a judgment in your past.

Wage garnishment for a debt generally occurs as the result of a judgment.
 
I received two letters from sheriff department.It was strange because one came as regular mail and one came certified that needed a signature.They were from the same third party creditor agency. The letter states that they are planning to garnish my wages.I have never done business with the Midland Funding Llc. They sent a letter with sheriff department back in 2014.Nothing came out of it, I responded to sheriff,to see it was about the same creditor. They never prove that this was mine and Im asking what can I do. The statue of limitation has run out for the creditor to collect.This New York State statue of limitation is 6 to 10 years.How can I stop this from happening.Please advice.
.
The sheriff department letter said "Income Execution" they even have my last four of SSN letter. I have never done bussiness with this creditor.
 
Is their some letter I can file with court to stop the creditor from suing me.The County is Erie county court.Please advice.
 

Zigner

Senior Member, Non-Attorney
However, I suggest you do a deep dive into court records to make sure you don't have a judgment in your past.

Wage garnishment for a debt generally occurs as the result of a judgment.
This ^^^

The OP has a judgment against him.*
This is not the same as a "debt" insofar as the statute of limitations is concerned. Judgments are good for 20 years, so the judgment creditor is on solid ground for executing an income withholding order.

*or her.
 
They have waited since 2014 till now to place a judgement. The statue of limitation has run out on collection.That is a old debt that has remain open in the sheriff department on the DOC'S. The creditor see that case remains on file,credit takes advantage.Is there a form I can file?
 
Please some advise. Is there a form that I can use to summit to the court? Creditors never proved with no documentation that they are the original creditors,no letter just stating I owe a debt,placing a Income execution.There is no way,make it make sense. If that the case they can do that to very one in the USA. They could not resolve it the first time, They Seen that the sheriff's department never closed the documentation so they pounced.
 

not2cleverRed

Obvious Observer
They have waited since 2014 till now to place a judgement. The statue of limitation has run out on collection.That is a old debt that has remain open in the sheriff department on the DOC'S. The creditor see that case remains on file,credit takes advantage.Is there a form I can file?
At some point before the statute of limitations ran out, they went to court and obtained a judgement against you.
As Zigner pointed out, having a judgement is a game changer. When the party owed money successfully petitions for a judgement before the statute of limitations, they have more time (and tools) to go after you. It is no longer a "debt" but a "judgement" (money owed is money owed, but in law semantics matters) They have now taken steps to enforce the judgement.

Clearly, since you never appeared in court, the judgement was a default judgement. I do not know whether you bever received proper notice, or if you received proper notice but did not understand at the time that you had to respond.

Some helpful information:
https://nycourts.gov/courthelp/AfterCourt/vacatingDefault.shtml
 

adjusterjack

Senior Member
Please some advise. Is there a form that I can use to summit to the court? Creditors never proved with no documentation that they are the original creditors,no letter just stating I owe a debt,placing a Income execution.There is no way,make it make sense. If that the case they can do that to very one in the USA. They could not resolve it the first time, They Seen that the sheriff's department never closed the documentation so they pounced.
Pay attention. There is nothing you can do to stop this until you find out what it is that has to be stopped.

Check the court records in Erie County to see if there has ever been a judgment against you.

Then come back with the results.
 

Taxing Matters

Overtaxed Member
Ok, a little background for you to better understand how the collection process. When you owe a debt that you don't pay on time, the clock starts running for the creditor to file a lawsuit to get a judgment on the date starting the date that the payment was due and not paid. That time period is the statute of limitations (SOL) that you see discussed so much in relation to debt. If the creditor files a lawsuit against you within that time period that stops the clock on the running on the (SOL) until the court case is over, e.g. dismissed, a settlement is reached, a judgment rendered. If the creditor sued you, got effective service of process under the applicable state law (which often allows service by publication if you can't otherwise be located to get served) then the creditor may seek a default judgment against you once the time period for you to respond to the lawsuit has expired. As long as the creditor can show the court that it has evidence you owe the debt the court is likely to grant the default judgment.

At that point, the SOL to sue no longer matters. What matters is the length of time the judgment remains in force. States vary in their rules for this but it can be as long as 20 years. Without more information I can't tell you for sure what that time period is. It matters in what state the judgment was recorded, whether you've spent any significant time after the judgment was recorded living outside the state, whether in the time after the judgment was entered you ever obtained a bankruptcy discharge, and perhaps more depending on the details.

The creditor violates the Fair Debt Collection Practices Act (FDCPA) if it threatens to take property/garninsh wages to collect on a consumer debt (if it was a business debt the FDCPA does not apply) when the creditor has no intention to take the threatened actions.

Midland is a company that has been in the collection game a long time as I've seen that name a number of times over the years. It certainly knows the rules. I have no idea the extent to which it follows the rules. It buys up debts that other creditors have given up collecting on their own. So the fact that you have never heard of the company before and never did business with iti before isn't surprising. It is legal for them to buy the debt and step into the creditor's shoes to collect, including enforcing any judgment. If you are getting genuine letters from the local sheriff about potential garnishment/levy of assets then Midland must have had a judgment to show the sheriff. The sheriff doesn't get involved with debt actions until there is a court judgment. How good that judgment is, though, I can't say without seeing and knowing more information.

If you contact Midland or its lawyer they need to provide you with a copy of the judgment if there is one. So I'd start there. I'd also sugget doing some internet searching for judgments against you. Judgments are allowed to remain on your credit report for as long as the judgment is valid. A lot of debt bureaus don't want to bother knowing the judgment lien rules for every state as well as the rules for federal judgment liens so often they'll just drop it after the seven year period it always is allowed to have it on your report. But it wouldn't hurt to get a copy of your credit report (you are given the right to get one report a year for free under federal law) and see if it shows up. If it does, it'll have information that will be useful for you to follow up to learn more about the judgment.

If there is indeed a judgment and it's still valid the creditor can excute on it at any time until the judgment expires. So continue pursuing getting the information you need to determine what your options are. You don't want it to actually reach the point where some enforced collection action is taken.
 

zddoodah

Active Member
I received two letters from sheriff department.
Was it actually a letter or some sort of notice?


It was strange because one came as regular mail and one came certified that needed a signature.
Sometimes the law requires something to be sent by certified mail. However, some folks refused to sign for certified mail, so it is common also to send such things by regular mail to better ensure receipt. Nothing at all strange.


They were from the same third party creditor agency. The letter states that they are planning to garnish my wages.
Based on what? Has someone sued you and gotten a judgment against you?


I have never done business with the Midland Funding Llc.
Well...if that's a "third party creditor agency," then that's hardly surprising.


The statue of limitation has run out for the creditor to collect.This New York State statue of limitation is 6 to 10 years.How can I stop this from happening.
If the statute of limitations has expired, and if you were not sued and no judgment was entered against you, then there likely isn't anything that needs to be done because it's an empty threat. However, others who have previously responded seem to think you've already been sued and and that a judgment has been entered against you. I see no basis for that conclusion, but it's obviously impossible to know. If, in fact, you were sued and a judgment has been entered against you, then the creditor proved its case to the satisfaction of the court and is entitled to enforce the judgment in whatever manner is available under NY law.


Is their some letter I can file with court to stop the creditor from suing me.
Of course not. Anyone can sue anyone for anything. If you get sued and believe that the case is meritless, then you can defend yourself.
 

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